Cottage Advisors of Canada Inc. v. Prince Edward Vacant Land Condominium Corporation No. 10, 2021 ONSC

 

Though the Condominium has the power to oversee, control and manage “Rental Activities”, however,  the restriction on advertising and with whom owners may contract in order to market and lease their units, which requires Board approval, is unreasonable.

 

Kumer v. MTCC No. 775, 2021 ONSC

 

The appellants Irving Kumer and Nancy Kumer (“the appellants”) seek to set aside and reverse the arbitral award. The arbitrator was tasked with determining whether the appellants had “erected” screens on exclusive use common element property at the Metropolitan Toronto Condominium Corporation No. 775 (“MTCC”) complex without the consent of the condominium Board of Directors (“Board”) contrary to the Declaration and Rules of MTCC.

 

Kechichian v. El-Sheikh, 2021 ONSC 

 

The moving party, Kaufman LLP, a Montreal law firm, seeks summary judgment dismissing the plaintiff’s claim for damages arising out of the firm’s alleged professional negligence. 

 

Sean Omar Henry v. Dr. Marshall Zaitlen, 2021 ONSC 

 

This medical malpractice action arises out of medical care provided to the plaintiff Sean Omar Henry in 2010. The plaintiffs allege that Dr. Zaitlen was negligent in his diagnosis, treatment and management of the plaintiff’s spinal injuries.

Psaila v. Kapsalis and City of Toronto, 2021 ONSC 

 

This is a motion for summary judgment brought by the City of Toronto (the “City”) seeking dismissal of this action (the “Action”), as against it, on the basis that the Plaintiff failed to provide notice as required under s. 42(6) of the City of Toronto Act, 2006, S.O. 2006, c. 11, Sched. A (the “Act”) in a timely way. The Action arises from a motor vehicle accident that took place at an intersection in the City on March 28, 2015. The City did not receive notice under the Act until April 2, 2018. Discussions on “reasonable excuse”.

Musa v. Carleton Condominium Corporation No. 255, 2021 ONSC

 

This is a slip and fall case. The parties agreed on damages; they agreed in January 2020 on $65,000 plus interests. The remaining issue for trial is liability.

Toronto Standard Condominium Corporation No. 1466 v. Weinstein, 2021 ONSC 

 

Some interesting discussions on a condo corporation can put a lien on a condo unit.

 

Westcott v. Khan, 2021 ONSC

 

In the action, the Westcotts claim damages totalling $1,350,000 for an alleged “botched cataract surgery” on Mr. Westcott.  This surgery was performed by Dr. Khan at CESC on January 30, 2017. 

 

Hutterli et al. v. Scott., 2021 ONSC

 

Mrs. Hutterli alleges that Dr. Scott was negligent in his treatment of a slip and fall injury.  She argues that he failed to meet the accepted standard of care for the assessment of ankle injuries by failing to properly apply the Ottawa Ankle Rules (“OAR”) and order an x-ray of her ankle. She further alleges that he failed to give her the correct discharge instructions.

 

Jonas v. Elliott, 2021 ONCA 

 

A case on host liability for an assault. Interesting discussions.

DISCLAIMER

THE CASES PRESENTED IN THIS SUMMARY CONTAIN QUOTED TEXT FROM THEIR PUBLISHED VERSIONS AT CANLII. THE INTENTION IS TO SIMPLY BRING OUT CERTAIN CASES TO THE READERS WHICH APPEAR RELEVANT TO THE INSURANCE SECTOR. 

ALL THESE CASES ARE TAKEN FROM CANLII. THERE IS ABOSLUTELY NO ANALYSIS CARRIED OUT HERE AND THE IDEA IS TO SIMPLY BRING OUT A LIST OF CASES PUBLISHED IN JANUARY 2021 THAT APPEAR RELEVANT TO THE CANADIAN INSURANCE SECTOR.

 

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